# 2019-139 Releases, Release

Release

Case summary

F&R Date: 2020-10-28

The grievor, a Reservist whose new Commanding Officer (CO) requested that he maintain an adequate rate of attendance, looked for, but was unable to find, a suitable position in another unit and requested his release. The grievor thought that, because of his age, he would be released under Item 5(a) “Service Complete – Retirement Age” of the table to the Queen's Regulations and Orders for the Canadian Forces 15.01. The grievor had previously elected a compulsory retirement age (CRA) of 60 and, as he had not reached that age, he was released under Item 4(c) – Voluntary (On Request). The grievor disputed the reason for release on the grounds that, since his service was no longer required by his chain of command and that he had reached 55 years of age, the CRA of 60 had been misinterpreted and a release under Item 4(c) did not reflect his situation.

The Initial Authority (IA) found that the appropriate release item was 4(c). The IA noted that the election of CRA 60 was irrevocable and the grievor could only have been released under Item 5(a) once he had reached the required age of 60. The IA did not grant redress.

The Committee concluded that the election of CRA 60 was irrevocable. The Committee also concluded that Item 5(a) can only apply in the specific circumstances where the member is released from the Canadian Armed Forces because he has reached the prescribed age. The Committee noted that the CO had offered the grievor the option of continuing his service provided that he maintain an acceptable rate of attendance. The grievor requested release instead. Since the grievor had elected CRA 60 and requested release before reaching that age, the Committee concluded that release item 4(c) was appropriate and that the grievor had not been aggrieved

FA decision summary

The Chief of the Defence Staff agreed with the Committee's findings and recommendation not to afford the grievor redress.

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